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The life of a person is a precious gift, and when the recklessness of another person causes ends this life, the responsible person should be held accountable in court. When this occurs, the family of the deceased individual has a right to file a wrongful death suit against the responsible party with the help of a Burlington wrongful death lawyer.

Even if the responsible person is not convicted by a criminal court, they can still be held liable in a civil wrongful death case. If your loved one has died in this manner, a skilled personal injury attorney can help you take legal action.

Filing a Wrongful Death Lawsuit

To hold a person or entity responsible for wrongful death, a Burlington wrongful death lawyer must prove that four factors existed at the time of the death. These factors are:

  • An individual has died
  • The recklessness of another person directly or indirectly caused the death of another individual
  • The family of the deceased individual suffers financially due to a loss of income
  • The lawsuit is being filed by a representative of the estate of the deceased individual

Depending on the nature of the case, the loved ones of an individual can file a wrongful death lawsuit if their family member died of the following causes:

  • Vehicle accident
  • Death at a job
  • Criminal activity
  • Death during a supervised activity
  • Medical malpractice

Who Can File a Suit

In most cases, only the child, spouse, parent, or domestic partner of a deceased individual is allowed to file a wrongful death suit. These suits are filed when a person believes that the recklessness or carelessness of a person or company caused the death of their loved one.

For example, if a person is killed at work because their employer failed to provide them with the proper protective gear, the family can file a wrongful death case against the employer. This is because the employer has a legal obligation to ensure all of its employees have adequate protective gear.

Potential Financial Compensation

The income an individual generates is important to their family members, and usually, their family depends on this income to pay bills and cover other expenses. When someone dies, their family will no longer have access to this income, and even if a family has a substantial amount of money saved, they can experience financial struggle. Pecuniary damages are awarded by courts to make up for this lack of income, and it is used to cover expenses such as medical bills, funeral costs, lost income, and property damage. The size of the award depends on the income the deceased individual generated when they were alive.

Depending on the nature of the death, a court may decide to award punitive damages to the family of the deceased. Punitive damages are awarded to punish the defendant for their actions and ameliorate the emotional suffering of the plaintiffs.  There is no exact way to measure the amount of punitive damages a court will award, and if a person wants to learn more about these damages, they should consult a Burlington wrongful death attorney.

Consulting a Burlington Wrongful Death Lawyer

If you intend to file a wrongful death lawsuit, you will need to act quickly. Impacted individuals only have a limited amount of time to file a wrongful death lawsuit, and if you let your time go by, the court may never agree to hear your case at all. Contact a Burlington wrongful death lawyer today if you are ready to discuss your case.